“It is one of those rare times when we can come together and do something truly significant,” said co-sponsor Representative Rory Ellinger (D-University City), according to the Chicago Tribune.

Many states are doing similar things, reducing the incarceration rates of nonviolent offenders and even closing prisons. Missouri’s measure doesn’t go quite that far, but does hope to put more teeth in community supervision programs, potentially allowing more people to serve their sentence within the community rather than in jail.

With the assistance of the Pew Center on the States, lawmakers analyzed data from the state, looking at incarceration, community corrections, costs and various other variables. What they found what that 71% of the state’s prison admissions were for probation and parole violations, and about 43% were incarcerated for “technical violations,” meaning non-criminal actions like failing to report to a supervising officer.

These violations, it’s been determined, can often be prevented early on, reducing the need for probation and parole violators to go to prison. The new legislation hopes to increase the power of supervising officers in order to prevent incarceration.

Among other things, the law will allow for more intensive supervision. Probation officers can dole out quick and harsh jail sentences as sort of a wake-up call to offending probationers. A 48-hour jail stay at the first incident of a failed drug-test, for instance, could potentially keep one from making bigger violations and ultimately landing back in prison.

“You may not need a long prison sentence to get into someone’s head that when they’re not following the rules, there’s going to be swift punishment,” said Brian Elderbroom, a project manager at the Pew Center.

Both probation and parole are considered privileges. They aren’t available in every single criminal case, though they are used frequently. When you are charged with a criminal offense, whether it is domestic assault or possession of cocaine, probation without time spent in jail may be an excellent outcome.

By discussing the details of your case with us, we can determine if you might be eligible for such community supervision.

Sentencing and Parole Changes on the Horizon is a post from: Missouri Criminal Defense Lawyers

Over the past several years we’ve seen more cases of activists posing as workers to gain access to livestock and other agricultural operations, only to record conditions and use them against the owners of the operations.

These videos have uncovered deplorable conditions, including situations where animals were being severely mistreated. But, agricultural facility owners are not happy with what they see as an attack on their profession.

Representative Casey Guernsey (R-Bethany) said to Business Week, “Unfortunately, we live in a society where these activists are becoming more and more of a problem to agriculture. We cannot afford to allow these groups to target our industry of agriculture in Missouri like they have in Iowa.”

Iowa passed a similar law last month after the group Mercy for Animals released footage of chicken and hog farms in that state.

The legislation still has another round in the House before moving forward to the Senate, where it could be blocked.

Democrats in both chambers seem to be opposed to the law, saying it is an overreaction.

Representative Tracy McCreery (I-St. Louis) called the bill, “an attempt to silence advocates or others who might shine a light on unhealthy practice.”

If passed, a violation of the law would be considered a misdemeanor carrying up to 1 year in jail and $1,000 in fines. Misrepresenting oneself to gain entry into an agricultural facility, called “agricultural production facility fraud,” would also be classified as a misdemeanor but would carry a maximum penalty of up to 6 months in jail and $500 in fines for a first offense, or 1 year in jail and $1,000 in fines for a second offense.

The legislation would also increase penalties for first degree trespassing and false impersonation. Those would similarly carry 6 months in jail and $500 in fines for a first offense or 1 year in jail and $1,000 in fines for a subsequent offense.

The likelihood of this legislation passing is questionable. The chances that many people will be prosecuted under it is also questionable.

Trespassing, on the other hand, is a fairly common offense. It can be applied in a variety of circumstances and is often levied when someone simply refuses to leave premises after being asked.

If you find yourself charged with trespassing or any other Missouri criminal offense, contact our offices to discuss your case and what can be done.

Proposed Law Makes Secret Recording at Farms Illegal is a post from: Missouri Criminal Defense Lawyers

Legislation was passed last year allowing the police to forcibly draw blood without a warrant in DUI cases. Just this month the Missouri Court of Appeals upheld the law and it is now before the State Supreme Court where it’s believed that it will be once again upheld.

Federally, states have had the okay to force blood draws for years. But Kansas is new to the practice. In the past, police would have to get a warrant for such an invasive “search”, but not anymore.

If you are pulled over for suspected drunk driving, you will be given the opportunity for a breath test. However, if you refuse, a nurse will be called to the police station where your blood will be forcibly drawn without a warrant being necessary.

The law was passed because alcohol is quickly metabolized by the body and lawmakers were concerned that getting a warrant for the blood draw wasted valuable time in detecting alcohol in a suspect’s body. Their desire to maintain “public safety” by detecting and arresting potential drunk drivers outweighed their concern about unreasonable searches and seizures.

Some have argued that drunk driving is the only crime where you are significantly punished before you have had access to the courts, with immediate license revocations and now the removal of your protection against unreasonable searches without a warrant. You see, a warrant is required in searches because a judge has to sign off on it as being a reasonable search. Now, no such approval is necessary.

Can you still beat a drunk driving charge with a positive blood test? Yes, all hope is not lost. There are options available to you. Although DWI laws are extremely strict, a local criminal defense lawyer like me will fight for your best interests and work on getting you the best results possible on your day in court.

Following your arrest, you only have 15 days to request an administrative hearing to get your license back. Time is of the essence. Contact us today to discuss the specifics of your case and how I might be able to help.

Platte County Officials Announce Blood Draws For Drunk Driving is a post from: Missouri Criminal Defense Lawyers

The video outlines the obvious benefits of these license plate reader systems, with a dramatic enactment of a child found via an amber alert notification with a license plate tag snagged by the systems multiple cameras, alerting the officer in the vehicle to investigate.

It also outlines how these systems can be used in criminal investigations, such as a burglary case. If there is a license plate or a partial license plate thought to be owned a burglary suspect, the system can data mine for that license plate, and pull up the dates, times, and locations on a map that the plate has been spotted in the past, from any plate scanner that contributes to this database. If the car has been seen in the same neighborhood, they can learn something about where this alleged burglar does his business.

But to have this data assembled means they have to gather massive amounts of location data on absolutely everybody. And they can use this data for, well, who knows? There are no current legal restrictions on accessing this data. If the police want to pull your plate and see where your car has been when tagged by one of these cameras, they can easily do it.

And that should concern anyone who thinks about civil liberties, and doesn’t think the government should be keeping surveillance data on it’s citizens without any cause.

Kansas City, MO ALPR Video is a post from: Missouri Criminal Defense Lawyers

Locating stolen vehicles, identifying cars that might be associated with crimes, or drivers with outstanding warrants or probation violations, are the primary purpose of these license plate scanning systems.

But the how these systems actually gather data on everyone, and what they do with all that information is a source of serious concern for civil liberties advocates, as this article touches on.

Up to 3,600 plates per hour are scanned, stored in a database, and cross checked with law enforcement databases nationwide. Even if there are no “hits”, that data is kept, with time and location (by GPS) information of all cars that are swept up in the scan.

This means that data on your comings and goings very likely exists in a police database right now. And they can pull up that data anytime they wish, to find out where you may have been when you cross paths with one of these systems. And the more license plate scanners that are out there, and the more the databases are connected, the larger the government surveillance net database is.

The question all citizens should ask, is if we truly want the police to be gathering all this data, for use as a “backtracking tool”. Does this violate due process? Innocent until proven guilty?

These are questions worth asking, and unfortunately, they aren’t being asked. This is all happening with very few people actually paying attention. And once this system becomes standard everywhere, with scanners in every police vehicle, and even on public streets, it will be very hard to undo it.

St. Louis Police Using License Plate Scanners is a post from: Missouri Criminal Defense Lawyers

According to the Star, police in Blue Springs dealt with 5 cases of youth and heroin, after more than 5 years of seeing none. In Johnson County, the Sheriff’s department report 24 heroin overdoses and 5 deaths in 2008. In the first half of 2009, the latest period for which they have data, there were 22 overdoses and 6 deaths. In 2010, that number is expected to be even more.

While we are constantly hearing of the prescription drug trade and how it is reaching across socio-economic lines and growing steadily, that trade may be contributing to the rise in heroin usage.

Heroin is an opiate—so is Oxycontin, one of the most popularly abused prescription drugs. While painkillers like Oxycontin can cost $40 to $60 per pill, a bag of heroin is often less than $10.

Heroin also produces a much more intense high than prescription opiates. This means that a habit starting with prescription drugs can quickly turn into a heroin habit, given cheaper and more intense highs.

And while many people think their communities are immune to heroin infiltration, that isn’t necessarily the case. More and more people are able to buy their heroin from dealers who live within the suburbs just like them, totally undetectable to their neighbors, friends, and family.

The Star focuses on heroin abuse of young people and that is a serious problem. But heroin can and does affect adults as well. But, if you are an adult caught with heroin, you are much more likely to get a jail sentence than help.

Possession of heroin is a Level 4 felony and carries a potential 3 ½ years in prison. It is one of the most heavily punished drugs because of the risk for addiction and its classification as a Schedule I drug. In Missouri, possession of heroin is a Class C Felony, which carries a maximum of 7 years in prison.

When you have a drug problem, whether it’s heroin or prescriptions, you need help more than you need jail time. Depending on the case against you and your criminal history, a defense attorney may be able to help get you into treatment when you are facing similar drug charges.

If you charged with possession of heroin or even distributing meth or any controlled sustance, in Missouri or Kansas, contact me today. We can discuss your case, your options, and how I might be able to help.

Heroin Use in Kansas City on the Rise is a post from: Missouri Criminal Defense Lawyers

According to kansascity.com, the Missouri State Auditor says that according to the Macks Creek law, a municipality may not generate more than 35% of it’s income from traffic citations.  The law exists to stop the incentive for towns to aggressively ticket it’s citizens as a revenue source.

Interestingly, this appears to be the first time that this law has been applied since it passed in 1995.

The extra revenue generated improperly will end up going to the Missouri Department of Revenue, and be distributed to Missouri Schools. The amount is estimated to be between $40,000 and $50,000.

If you have a traffic ticket in Missouri or Kansas City, give contact us for some legal advice.

Too Many Speeding Tickets For One MO Town is a post from: Missouri Criminal Defense Lawyers

Lots of details at StlToday and other sources. Key among the laws effects are:

• Streamline the paperwork process to more easily prove prior offenses handed down in Missouri municipal courts.
• Moves more DWI cases into district courts
• Establishes DWI-only court dockets for the purpose of offering substance abuse programs and aggressive monitoring as an alternative to jail
• First Offense DWI charges can be expunged after 10 years if no further convictions.

Breath Test Refusal Penalties

• Refusing to submit to a breath test is now a separate criminal offense (Class A misdemeanor). Second Offense Refusal is a Class D Felony.
• Refusal is referred to as an “alcohol-related enforcement contact”. Stays on record for 5 years, even if found not guilty of the DWI.
• No restricted hardship license possible after a breath test refusal.
• Ignition Interlock Device required for license reinstatement

High BAC Penalties

If convicted with a breath test result of over .15% (nearly double the legal limit):

• Penalty increased to Class A Misdemeanor (from Class B)
• 90 day license revocation

Once controversial proposal that we noted before failed to make it into the final legislation. That proposal would have allowed police to draw a blood sample without a warrant to determine if a driver is above the legal limit of .08% for intoxication.

More info on Missouri DWI laws.

Missouri DWI Laws Reform is a post from: Missouri Criminal Defense Lawyers

KOMU.com reports that the gift is not without controversy in Columbia, as the Columbia city council has wrestled with similar surveillance issues in approving downtown surveillance cameras.

Automatic Licence Plate Readers in Missouri is a post from: Missouri Criminal Defense Lawyers

The law is part of a nationwide trend of “no refusals” to tests that would chemically establish intoxication, by either breath test or blood test, to determine if a suspect is above the nationwide legal limit of .08% BAC (blood alcohol content), indicating legal impairment.

Numerous constitutional questions arise from this law, as to whether this is considered “self-incriminating” evidence in a DWI. Other states, such as Texas, get around this by essentially having judges on call to issue warrants on the spot.

The house bill is designated as HB 1695. The bill moves on to the Senate (as SB 880) for passage, and other drunk driving law changes may be included in the final package, including possible enhanced penalties for enhanced or high BAC results of .15%, nearly twice the legal limit.

Missouri House Passes Enhanced Drunk Driving Laws is a post from: Missouri Criminal Defense Lawyers